Judgment as to defendant Rubin affirmed. Judgment as to defendant Brooks modified, on the law, by reversing his conviction of conspiracy in the third degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment as to defendant Brooks affirmed.
This case is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (subd 5). Defendant Brooks and a codefendant, Paul Vario, Sr., were convicted of...
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